Buying AI

Edited by Christoph Krönke, Professor of Public Law, Economic Law, Sustainability and Technology Law, University of Bayreuth, Germany and Patricia Valcárcel Fernández, Professor of Administrative Law, University of Vigo, Spain

• ContentsForeword ix1 Relevance of procurement law for the use of AI in public administration 1Patricia Valcárcel Fernández2 Overview of digital technologies relevant to public procurement 12Daniel Arosa Otero and Manuel García Rodríguez3 Legal requirements for the use of AI in public administration 40Christoph Krönke4 Relevant EU procurement law requirements 64Miguel Assis Raimundo and Marco Caldeira5 Country report on Germany 100Christoph Krönke6 Country report on Spain 130Patricia Valcárcel Fernández7 Country Report on Austria 161Valentina Neubauer8 Country report on Denmark 203Carina Risvig Hamer and Hanne Marie Motzfeldt9 Country report on France 219François Lichère and Romain Micalef10 Country report on Italy 257Gabriella M. Racca11 Governance of AI procurement in the UK 283 A�l�b�e�r�t� �S�a�n�c�h�e�z�-�G�r�a�e�l�l�s� �12 Comparison of the legal frameworks in the member states 296 C�h�r�i�s�t�o�p�h� �K�r�ön�k�e� �a�n�d� �T�a�b�e�a� �S�c�h�u�l�z�e� �P�a�l�s� �

‘The book Buying AI hits a blind spot in the legal debate on the use of AI in public administration. Up to now, there has been extensive discussion about the lack of transparency of AI decisions, loss of control on the part of the administration and deficits in the rule of law. This has largely ignored the fact that public procurement law already provides a sophisticated set of legal instruments to ensure that contracting authorities can procure transparent, controllable systems that comply with the rule of law. This great volume examines and compares current procurement practice and the legal framework for procuring safe AI systems in selected member states, embedded in general considerations on the use of AI in public administration.’